Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1887-11-30
RAILROAD LANDS.
Lamar's Report on the
Indemnity Claims.
ACTION OF THE DEPARTMENT
Over 20,000,O00 Acres Restored
to the Public Domain Dur
ing the Past Year.
Associated Press Dispatches to the HERALD. |

WASHINGTON, November 29.-Th
most important feature of Secretar,
Lamar's annual report is that part re
lating to the adjustment of railroad
land grants. He says: CATER my
appointment l became convinced tina
the public domain was being diverted
from its legitimate purpose and con
verified to objects repugnant. AS t,
the theory of land system base(
apart from methods of illegal appro
priation of the public domain through
the perversion OF the several laws &C
quiring the title, became convinced
that the administration of the Con
gressional land grants to the railroads
gave rise 10 enormous abuses. Con.
gress made grants exceeding in area
half a dozen of the largest and mos
populous states and provided that any
losses of lands within the granted
limits would be satisfied by selecting
lands within the adjoining limits
thus nearly doubling the area of the
original grants. Under these acts the
Land Department withdrew from the
public domain not only the granted
limits, but lands within the indem.
nifty lands at the request of the
grantee companies. This enormous
quantity of public land awaited the
convenience of the corporations con-
structing their roads. This legislation
gave
AN INCURABLE WOUND
To the homestead scheme, giving
capitalists as basis for traffic, specu-
lation, and starting as gigantic finan
cial schemes what was originally
designated as abodes of domestic
happiness, for industrious, thrifty
people. Notwithstanding the indem-
nifty Withdrawals, few companies, il
any, constructed their roads within
the time prescribed as an express con.
dition of the grant. Maps OF "prob,
able" general, designated" and
definite" routes were filed rapidly
and Withdrawals hereunder asked
and almost Immediately granted until
the States and Territories were grid.
ironed with railroad grants and in.
demnity limits overlapping each other
50 that settler seeking home
claimed by one or more roads
FOR THE SAKE OF PEACE
Consented to purchase from the com
pany a great deal of land to which
the company-had neither legal mol
moral right. The hardship produced
upon the settlers was greatly increased
by bold schemes, the companies
agents claiming lands where no title
was attached. Congressional surveys
not having been made, the unfortu-
nate settler discovered when the sur.
vey was made that the company had
no title, and thereby suffered depri-
walton of his home land and waste
of years, as the settler was too poor tc
ligitate against the corporations. The
highest court of the land declared that
a withdrawal once made by competent
authority was legal and effective te
exclude all from intrusion. within its
limits.
SPECIMEN CASE.
Guilford Miller settled lands, after
wards claimed by the Northern Pacific
as within withdrawal for indemnity
purposes. This case was referred by
this department to the Attorney Gen
eral, who declared the withdrawal
legal and that Miller could acquire nc
title to the tract claimed, Recognize
ing the correctness of this decision
but seeing the injustice to this settler
and hundreds of others similarly stu
ated, the President directed that thh
department should protect the settlers
if possible. After years of waiting
Congress failed to empower the depart
ment to make the necessary surveys
whereby some grants might be ad
justed. No immediate prospect o
such a survey was in in sight
but law was passed March 5, 1887
whereby the Secretary OF til,
the Interior was directed to imme
diately adjust each of the railroad
land grants made by Congress, to aiC
the construction of railroads. Aftel
long consideration, with a desire tt
recognize every right of corporations
the Department came to conclusion
| that the same sound discretion which
justified the indemnity withdrawal
now demanded peremptorily in thu
public interest speedy revocation O
the same, and
THE MOST EFFECTIVE WAY
OF expediing the adjustment of lant
grants in the interest OF all concerned
was to permit the public to enter int,
competition with the companies il
the selection of lands heretofore with
drawn for indemnity purposes. Ac
cordingly, on May IS, 1887, with thu
app, oval of the President, order
were made upon the different com
panies for VIII Sc benefits the with
drawals were made, to shoy
cause by a certain da,
why said Withdrawals shoult
not be revoked. Some OF the com
panies failed to show cause, other
filed answers asserting to the revoca
ton; others as,ented on tn
condition that lands covered by selec
tons already should be excepted iron
the order of revocation; others oh
jected to the revocation as illegal ant
a violation of chartered rights. Brief
were filed and the arguments of coun
sci carefully considered. On Angus
10, 1887, my views were fully ex
pressed in the decision of the case Q
the Atlantic and Pacific Company
Two days later the orders withdraw
ing lands with the indemnity limits
and reserying same for settlement
we're revoked and the lands
RESTORED TO THE PUBLIC DOMAIN
and settlement the first in th
cases of the two companies which ha